Criminal Appeals Attorney in Omaha, Nebraska

A criminal conviction can feel like the end of the road. But that’s not necessarily the case. If you believe there was a legal error during your trial, you have the right to appeal the decision.  

At Hug and Jacobs LLC, we want you to understand the criminal appeals process so you can make the right decision for your case. Let’s get started. 

Understanding Criminal Appeals

A criminal appeal is a process wherein a higher court reviews the decision of a lower court to determine whether any legal mistakes were made that could have affected the outcome of your case.  

The appeals process typically involves filing a notice of appeal, submitting written briefs outlining the legal errors that occurred, and sometimes presenting oral arguments.  

The appellate court then examines the trial record and the submitted briefs to decide whether to uphold the original decision, reverse it, or remand the case back to the lower court for further proceedings.  

A criminal appeal is a helpful avenue for correcting judicial errors and ensuring justice is served.  

The Appeal Process

The criminal appeals process can be complicated, but our role is to simplify it for you. Here are the key steps involved: 

1. Filing a notice of appeal: The first step is to file a notice of appeal with the court. This must be done within a specific time frame after the conviction. 

2. Preparing the appellate brief: We will prepare a written argument, known as an appellate brief, which outlines the errors that occurred during your trial. 

3. Oral arguments: In some cases, the court may schedule oral arguments, during which we will present your case in person. 

4. Court decision: After reviewing the briefs and hearing oral arguments, the appellate court will make its decision. If it finds that significant errors were made, it may overturn the conviction or order a new trial. 

5. Review of the record: The appellate court will review the entire record of the trial court proceedings, including transcripts, evidence, and any motions or rulings made during the trial. This review is critical to identifying any legal or procedural mistakes that may have occurred. 

6. Reply brief: After the initial appellate brief is submitted, the prosecution will respond with their own brief, countering our arguments. We may then file a reply brief to address any points raised by the prosecution. 

7. Panel review: Typically, an appeal is reviewed by a panel of judges rather than a single judge. This helps ensure a fair and impartial review of the case. 

8. Post-decision options: If the appeal is unsuccessful, other options may still be available. These might include filing a motion for reconsideration with the same court or pursuing further appeals to a higher court, such as a state supreme court or even the Supreme Court of the United States. 

9. Possible outcomes: The appellate court could reach several different outcomes. They could affirm the original decision, reverse the decision, remand the case back to the lower court for a new trial, or modify the original sentence if they find it inappropriate. Each outcome has different implications, and we will guide you through these possibilities. 

Criminal Appeal Laws in Nebraska

Nebraska has laws and procedures that can impact criminal appeals. For instance, Nebraska law requires that the notice of appeal be filed within 30 days of the final judgment or order.  

Besides this, Nebraska's appellate courts have strict standards when reviewing cases, focusing on whether legal errors prejudiced the defendant’s rights.  

Nebraska allows for different types of appeals depending on the nature of the case:

• Direct appeals are typically used to challenge the conviction or sentence. 

• Collateral appeals, such as post-conviction relief, address issues like ineffective assistance of counsel or newly discovered evidence.  

The Nebraska Post-Conviction Act provides a mechanism for individuals to seek relief if they believe their conviction was the result of a constitutional violation. 

Moreover, Nebraska appellate courts operate under a two-tier system comprising the Nebraska Court of Appeals and the Nebraska Supreme Court. The Nebraska Court of Appeals generally handles initial appellate review, while the Nebraska Supreme Court has discretionary jurisdiction and may choose to hear cases that involve significant legal principles or issues of public importance.  

Given these complexities, having experienced legal representation, such as a criminal defense attorney, can make a significant difference to your case.